Unwanted newspapers irritate St. Charles officials

But attorney says not much city can do to stem tide

April 11, 2013|By Kate Thayer, Chicago Tribune reporter

After fielding residents' complaints over unwanted newspapers cluttering streets and driveways, St. Charles officials say they've found there isn't much they can do without violating the First Amendment.

Several aldermen asked City Administrator Brian Townsend to look into possible remedies to the problem of unsolicited publications left on public and private areas — including in gutters, driveways of occupied and unoccupied homes and on the public parkway.

The publications are often free versions of papers from media companies in the area including the Chicago Tribune, the Daily Herald, the Kane County Chronicle and the St. Charles Examiner, Townsend said.

But after seeking legal advice, aldermen were told residents must take steps to help solve the problem.

City Attorney Gerald Gorski said the city cannot set limitations on the distribution of printed materials, although some have tried. Municipalities who in the past have regulated the practice have been shot down by the courts, he said.

"The First Amendment trumps everything," Gorski said, adding that because the papers include not just advertising but editorial content, they are protected.

"The more effective way of dealing with this … is to have property owners proceed under the trespass law," he added.

Gorski said city officials who get complaints should advise residents to call the appropriate media companies and ask them to stop distributing at their home. They can also post signs in their yard.

If the problem continues, they can then file a complaint with the city or police. At that point, a code violation could be pursued, he said.

But materials left in public areas, like the street or parkway, are a different matter, Gorski said.

"The courts recognize the public right of way as the quintessential public forum," he said. "This is an issue in every town in the area. You're not unique in this at all."

Ald. Maureen Lewis — one of the officials asking the council to address the issue — was disappointed by the lack of options.

"It's frustrating now when the snow melts … and you see papers," she said. "I don't think this is really up to residents to police this."

Townsend said police have told him it's hard to enforce violations for materials left on private property after a resident has filed a complaint.

"Most (deliveries) are done very early in the morning or very late at night," he said.

The ideal solution would be for companies to adhere to residents' requests, Townsend added.